Research On Legal Application Of The Refused To Pay Labor Remuneration Crime

There has been 6 years of judicial practice on crime of refusing to pay labor remuneration since this crime was added in The Amendment(VIII)to The Criminal Law since the year of2011.Relevant departments issued judicial interpretation,legal opinions and guiding cases in succession,which provide understanding on and application of the crime of refusing to pay labor remuneration in different aspects.At the beginning of implementation,there are few cases on this crime and it was improved with gradual attention paid,which has been playing a certain role to protect legal interests of the labors,to resolve labor disputes and to maintain social stability and unity.Though with certain development,the situation is far from the legislative intention of the law maker and social function which should be undertaken by this crime,which requires necessary and further analysis and discussion towards any legal matter on judicial application.This article is divided into four parts.The first part illustrates investigation on this existing crime from the aspects of social status,legislative status and judicial practice.The second part contains summary of existing problems of the crime in judicial status based on statistical analysis of national-wide judgments to this crime in the past 6 years.The third part provides analysis on causes of the judicial status of the crime from aspects of crime constitution and penalty discretion.In the fourth part,countermeasure and suggestions on solving actual problems of crime of refusing to pay labor remuneration in judicial practice from the aspects of accurate qualitative and appropriate sentencing;and also boldly explores preventive mechanism on malicious arrears of wages.